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2005 Supreme(HP) 152

V.M.JAIN
CENTRE FOR ADVANCE STUDIES AND ENGINEERING – Appellant
Versus
HAKAM CHAND – Respondent


Advocates Appeared:
Mr. Rajnish Maniktala, Advocate, for the Plaintiff:Decree Holder; Mr. Dinesh Bhanot, Advocate, for the Defendant: Judgment Debtor.

JUDGMENT

V.M. Jain, J.—This Execution Petition under Order 21 Rules 10 and 11 read with Section 151 of the Code of Civil Procedure has been filed by the plaintiff-decree holder, seeking execution and registration of the sale deed as per the decree dated 26.3.2004, passed by this Court.

2. The facts which are relevant for the decision of the present execution petition are that plaintiff-decree holder, namely, Centre for Advance Studies and Engineering, had filed a suit against Hakam Chand, defendant, seeking specific performance of the agreement to sell dated July 22, 2000, for the sale of suit land for a sale consideration of Rs. 55,000/- per bigha and a sum of Rs. 13,500/- having been paid as earnest money. The said suit was contested by the defendant. Various issues were framed. Thereafter the case was adjourned from time to time as the parties wanted to settle the dispute between themselves. On March 26, 2004 the parties compromised the matter. Statements of Hakam Chand defendant and Sh. Rajnish Maniktala, Advocate, Counsel for the plaintiff were recorded in this Court on March 26, 2004. On the basis of the said compromise arrived at between the parties, in the form of aforesaid




















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